Terms of Service

The following Terms of Service apply to Yarm Webcraft (the Designer) and to you (the Customer). Please print this document for your records. Yarm Webcraft reserves the right to change its Terms of Service without notice.

1. Responsibility of the Parties

In entering into a business transaction with you, Yarm Webcraft agrees to:

• Design and create the Website in a timely manner.¹
• Give you opportunities to offer feedback and/or request changes during the development.
• Provide you, on request, following payment of all monies owed to the Designer, with an “as is” copy of the completed Website, inc. files, graphics, software, databases and source code.

In entering into a business transaction with Yarm Webcraft, you agree to:

• Pay an initial deposit to schedule the work.²
• Provide the Designer with all written content required for the development and completion of the Website.
• Pay, on completion of the Website, all monies owed to the Designer without delay.

2. Domain name registration/renewal

Yarm Webcraft can, on request, register and/or renew domain names on behalf of the Customer. Where your domain is hosted (via its hosting partners) by Yarm Webcraft, the latter will alert you that your domain name’s renewal is due and invoice you accordingly. It is your responsibility to pay renewal fees without delay to avoid your domain name being suspended, cancelled or registered by other parties.

3. Web Hosting & Customer Care

Yarm Webcraft hosting services³ use fast, secure UK web servers that offer unlimited bandwidth and 99% uptime. All Yarm Webcraft hosting packages come with a valuable Customer Care component, which includes:

• Ongoing technical assistance
• One hour of website maintenance per month.
• Telephone/email/text support
• One-to-one meetings (by appointment)

Yarm Webcraft typically offers “shared hosting” plans but “dedicated hosting” can also be arranged on request. Where the Customer’s emails are hosted (via its hosting partners) by Yarm Webcraft, the latter will create unlimited email accounts with 1GB of storage space each, mail forwarding, auto responder and spam filtering. Yarm Webcraft is not responsible for installing email accounts on Customer devices nor for diagnosing software glitches in said devices that may affect installation (however, at its discretion, Yarm Webcraft may offer free assistance in such matters as a courtesy to the Customer but reserves the right, where necessary, to charge for this service). Yarm Webcraft cannot guarantee 100% email delivery or receipt, nor be accountable for email non-delivery and/or non-receipt due to recipient spam filters, technical issues or any other factors out of Yarm Webcraft’s control.

4. Web Browsers & Devices

Yarm Webcraft makes every effort to ensure that its websites are designed to render acceptably on most current browsers and devices. However, Yarm Webcraft cannot guarantee correct functionality on all browsers and/or devices, nor older versions of devices or browsers or versions released after completion of the website. Yarm Webcraft reserves the right to charge for any coding work required to make a website render acceptibly on new devices and/or browsers or new versions going forward.

5. Ownership & Intellectual Property

Ownership of a website developed by Yarm Webcraft passes to the Customer once full payment of the final invoice has been received. In the event that payment is not received within 7 days of the final invoice, Yarm Webcraft (at its discretion) reserves the right to suspend or remove said website from the internet without notice.

Copyright of the design and layout of the Website remains with Yarm Webcraft in accordance with UK intellectual property laws. Copyright of third party licenced PHP scripts (e.g. contact forms) installed in the website remains with their respective creators. You, the Customer, are permitted to use these scripts solely as an “End Customer” in the ordinary operation of your website, so long as, in so doing, you do not redistribute, share or resell said scripts. Copyright of third party licenced (Royalty Free) graphics likewise remains with their respective creators. You are permitted to use these licenced graphics in the ordinary operation of your website and in your promotional materials so long as, in so doing, you do not redistribute or resell said graphics or sell any product containing said graphics therein without permission of the copyright holder.

Yarm Webcraft is not responsible for copyright breaches caused by textual content supplied by you, the Customer, nor for copyright breaches caused by graphical content supplied by you, the Customer (or graphics inserted by the Designer on your behalf) for the purposes of creating your Website. Nor by any future content inserted by you, the Customer (or by the Designer on your behalf) that infringes on copyright.

6. Backups and Security

Yarm Webcraft takes every care to make the design and hosting of its customers’ websites as secure as possible, including a free SSL certificate.⁴ However, no website (or web server) is immune to security breaches. Yarm Webcraft cannot, therefore, accept liability for any loss of data, sales or revenue caused by the unavailability, malfunction or interruption of your Website, nor for the loss of customer personal data caused by a security breach. It is your responsibility to regularly backup your Website database as a precaution against security breaches and/or cyber attack (hacking).⁵ In the event of a security breach happening, Yarm Webcraft can usually restore your website back to its former condition by removing any malicious code but reserves the right to charge for this service. Yarm Webcraft cannot guarantee full retrieval of lost data, so it is essential that all databases be backed up frequently to minimise data loss. Yarm Webcraft also recommends that you take out suitable insurance to protect your business from any legal action arising from the unlikely event that your customers’ private data (name, phone, email, etc.) is illegally retrieved via your website.

7. GDPR and Privacy

To comply with current privacy standards set by Google, Yarm Webcraft will include in your Website a generic Privacy Statement that outlines how visitor data is handled in the operation of your Website. However, Yarm Webcraft is not an authority on privacy law and cannot guarantee said Privacy Statement will fully comply with current GDPR (General Data Protection Regulation). Yarm Webcraft recommends that you have your own GDPR document professionally drafted

8. Design & Development Costs

At the initial brief, the Designer will provide you with a quote for the design and development of your website, based on your requirements and estimated work hours needed to complete the project. You are free to propose changes, additions or otherwise deviate from the design originally agreed upon at any stage in the development, so long as, in so doing, you accept that Yarm Webcraft reserves the right to amend any previous quote at its discretion. Where Yarm Webcraft uses the products of third parties in the design process, costs incurred by these products may (or may not) be included in the initial quote. Where they are not, Yarm Webcraft will advise you in advance as to what additional cost, if any, these products will add to the final bill. At the discretion of the Designer, some third party costs may need paying for in advance.⁶

9. Website Traffic

Yarm Webcraft endeavours to build all its websites to the highest industry standards and best practices, which includes “on-page” SEO (Search Engine Optimisation). However, Yarm Webcraft has no control over the algorithmic processes or opperating practices of search engines and so cannot guarantee internet traffic to any of the websites it develops. It is the customer’s responsibility to promote their own website.⁷

10. Cancellation of Services

You are free to cancel the development of your website at any time during the design period. However, if not done so within 48 hours of paying your deposit, some or all of the latter may not be refundable. In all cases, monies paid for third party products will be refunded at the discretion of the Designer. You are also free to cancel your hosting plan with Yarm Webcraft at any time by giving 30 days’ notice. Where you wish Yarm Webcraft to transfer your website to another web host, a migration fee will apply.

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Notes

1. As agreed upon by both parties. However, precise timescales cannot be always guaranteed.

2. Deposit amount at Yarm Webcraft’s discretion but, usually, a minimum of £200 will be required.

3. Web Hosting fees are currently set at £20 per month. Yarm Webcraft reserves the right to change these fees at any time with 30 days’ notice to the Customer. Yarm Webcraft is not responsible for hosting disruptions caused by server “downtime” beyond its control or by issues with the Customer’s own ISP. Nor can Yarm Webcraft accept liability for any loss of data, sales or revenue caused by such unavailability or interruptions.

4. SSL (Secure Sockets Layer) provides secure, encrypted communications between a website and internet browsers and displays the secure padlock icon in the browser address bar. Currently, Yarm Webcraft is able to include a basic SSL certificate free of charge with all its hosting packages. However, Yarm Webcraft cannot guarantee this service will be free indefinitely.

5. This simple process will be demonstrated for you by the Developer on completion of the website.

6. Third party cost examples might include domain name transfer/registration, database migration, stock image purchases, script modifications or any other third party products deemed by the Designer to be necessary for the development of the website.

7. “On-Page” SEO (Search Engine Optimisation) refers to promotional written content and coding that web designers can technically insert into a webpage. “Off-Page” SEO refers to external promotional platforms such as social media, blogs and other forms of advertising.